Frequently Asked Questions
Below you will find the most frequently asked questions we receive with detailed answers to help you get the information you may need for free.
If you cannot find the information you are looking for here, you can find more detailed information about divorce in our help and advice section.
Whats the best way to get Divorced?
All of our divorce services are designed to be as seamless and quick as possible. It does depend on how efficient the courts are and if you have to wait for your spouse to return papers etc.
But If you filed your divorce papers the next day after we send them to you, then you dont have to send them back to us for us to file with the courts.
Therefore doing your own divorce with our DIY divorce services should be quicker and save you over £500.
Can you tell me the Divorce Process?
The divorce process for an undefended divorce is basically the same, regardless of the fact you are going to use.
There is a petition, that contains the reasons for the divorce and other essential information. This is filed with the court.
Your spouse then receives a copy of the petition and has to complete an acknowledgment form.
The petitioner then completes and files a statement of truth telling the court that they are ready to proceed to an interim decree ( decree nisi)
The Judge then looks at the filed papers and makes a decision as to whether to grant the interim decree.
If the judge is satisfied, then 6 weeks and 1 day later the petitioner can apply for the final decree, the decree absolute.
For a more detailed overview of the divorce procedure go here.
Is it Legal to get a Divorce online?
Yes, it is 100% legal to get divorced online. As long as you have grounds for divorce and the divorce is uncontested, then we can help you get divorced, and save you over £500 compared to having a solicitor handle your divorce
How much is a Divorce in Scotland?
How much a divorce in Scotland costs depends on whether you are in agreement and whether you have children under 16 or are still in further education.
Our simplified divorce service is just £49 and is a divorce where you have been separated for 1 year, the divorce is agreed and you have no children or your children are over 16 or have finished further education.
There will be a court filing fee payable of £95. It is also necessary for the application to be signed before a Justice of the Peace or Notary Public. Most Solicitors are Notary Publics in Scotland and will charge a fee which varies for this service.
If you have children under 16 then you have to use the ordinary procedure and this costs £195.
How to get a Divorce in Scotland?
Obtaining a divorce in Scotland, depends on how long you have been separated and whether you have children you will need to look at our simplified DIY divorce service, or our ordinary procedure Scottish divorce. Once you have ordered your Scottish divorce service, you will need to follow the instructions and on average it will take 8-12 weeks to divorce.
What is a Clean Break Consent Order?
A clean break consent order is the only way divorced parties can ensure that any agreement reached by each other is enforceable in law and that no further claims can be made against the other after the divorce has been made absolute.
Obtaining a consent order a vital part of any divorce if you want to secure your assets and finances after your divorce has been made absolute (ending of the marriage). It is advised that all couples obtain a consent order to make sure their financial settlement is in a binding court order, as claims can be made even after the divorce has been finalised if no consent order has been put in place.
My spouse and I have been separated for years and I don’t know where she is?
You cannot just get a divorce after 5 years. There still needs to be an attempt to serve the divorce papers so they have the opportunity to respond as anyone can say they have been separated for any period of time. We will help you get a quick and simple divorce on 5 years separation without needing to spend £200 an hour on a solicitor.
What the court needs is evidence you have tried your hardest to locate them or if they are UK based you can apply for an order requiring HM revenue and Customs to hand over the address on their records to the court.
These are not the only options and it is best to speak to a divorce adviser about your individual circumstances on 01793 384 029.
How is our Simple DIY Divorce service unique?
Our simple DIY service is unique as it has been developed specifically to address the withdrawal of legal aid for divorce cases in April 2013.
Unlike other providers, we don’t just provide you with blank forms and a guide to file your own divorce. We complete your divorce petition as well, which is the main document in any divorce proceedings.
Prior to April 2013 over 200,000 people obtained help with their divorce proceedings. Poorer citizens could get the state to pay for a solicitor to prepare and file an uncontested divorce case.
Now these people have to either do the divorce themselves or pay for a solicitor to deal with it for them.
We have created a step-by-step walk through of an uncontested divorce so that anyone can file their own divorce without the need to pay lawyers fees.
What do I receive with the Simple DIY Divorce Service?
You receive a 32 page walkthrough which contains all the divorce forms needed for an uncontested divorce.
Each form has its own walk through, for each question and section of the form with diagrams showing what information is required and why that information is needed.
Each divorce form has reference to the statute or rule that deals with it, so you can not only complete the form but understand WHY a certain part needs completing.
This service also comes with guidance and forms to enable people to obtain exemption from paying court fees. All in all this service is designed to help the poorest in our society get access to justice
Your divorce petition will already be completed so you will not need to complete that, which saves you time and stress!
Why should i get a separation agreement?
If you do not intend to obtain a divorce for some time then it may be advisable to obtain a separation agreement.
This document is effectively a contract between husband and wife and will enable you to put into effect any financial agreement you have reached as part of splitting your assets.The agreement can cover everything from selling your home to maintenance for children. It can even deal with where the children will live and how often the absent parent can see them, although most agreements tend to concentrate on the financial aspects of the divorce.
The idea behind these agreements is that if there is a dispute, the court have a written agreement they can refer to when considering a disputed divorce case.
You can order your separation agreement below for just £299, including VAT!
Are separation agreements legally binding?
No, a court has ultimate power to make any order it wants, but part of the checklist in a finance case is that the court must consider any prior agreement reached first.
If it considers that the agreement has been reached without duress or bias and that the parties have had legal advice, or are sufficiently intelligent to understand the implications of the document, then they tend to order that the agreement shall be upheld.
Does the Solicitor Managed Divorce include a Consent Order?
Yes, the solicitor managed divorce includes the preparation and any negotiation required to create a financial consent order for you to ensure that any agreement you reach with your spouse is carried out and that any future claims are dismissed.
Our solicitor will draft your agreement and send it to you for approval and signature.
You can order your solicitor managed divorce below and save over £1,000.
Are the Solicitors regulated and experienced?
Our solicitors have at least 10 years post qualification experience in divorce and family law matters.
All of our solicitors are regulated by the Solicitors Regulation Authority and subject to the rules of The Legal Ombudsman.
They also have professional indemnity insurance to ensure that if they are negligent, you will be compensated.
Do I have to go to court if I order one of your Managed Services?
With a managed divorce and consent order service, 99% of people will never have to physically attend a court with service.On occasions a judge may ask to physically see the parties when they have filed a consent order and the judge feels that the division of assets is too unfair.
They may then ask you to appear before them to explain why the parties feel, the settlement is fair.
How long does it take to draft a Consent Order?
A consent order can take up to 31 days to be drafted by our solicitor. Each consent order is drafted to your individual requirements, we do not use templates and we do not produce generic clean break documents.
We try to deal with each consent order in chronological order, some consent orders take longer than others due to their complexity.
We have a DIY and Managed consent order service, which just depends on how much work you would like to obtain your consent order.
Can I draft my own consent order?
No, unless you had legal training, you will not be able to draft your own consent order. There is no standard consent order form or template you can use as each consent order has to be individually drafted using specific clauses and precedents to reflect individual cases.
Unless you have access to these precedents it would be very difficult for an individual to draft an order that would be acceptable to a court.
What is the easiest way to contact you?
You can call Divorce-Online on 01793 384 029, use the contact forms, or call back buttons throughout the website or use our live chat facility which operates during office hours.
Once you have purchased a service you will get your own secure case portal where you can send and receive messages, store documents and track the progress of your case 24/7.
Our aim is to make it as easy as possible for you to communicate with us at all times.